TLDR
- Elon Musk has filed a lawsuit against OpenAI, claiming the company shifted its focus from ethical AI development to profit generation.
- The trial for Musk’s lawsuit is scheduled to begin on April 27, 2026, in Oakland, California.
- Musk argues that OpenAI violated its original nonprofit mission by adopting a capped-profit model and partnering with Microsoft.
- OpenAI denies the claims, stating that Musk was aware of the shift to a for-profit model since 2018.
- The case is set to proceed after a judge ruled that Musk presented enough evidence for a jury trial.
Elon Musk’s legal dispute with OpenAI will go to trial on April 27, 2026, in Oakland. Musk claims the company violated its original mission of responsible AI development by prioritizing profits. The lawsuit centers around OpenAI’s shift toward a capped-profit model and its partnership with Microsoft.
Elon Musk’s Claims and OpenAI’s Response
Musk argues that OpenAI’s transition to a for-profit structure breaches agreements made when the company was founded. He claims the move contradicts the nonprofit roots of OpenAI, which he supported with a $38 million contribution. Musk also highlights OpenAI’s partnership with Microsoft as evidence of the company prioritizing financial interests over ethical AI development.
OpenAI denies these claims, asserting that Musk was aware of the shift towards a for-profit model as early as 2018. The company insists that its nonprofit arm continues to play an essential role in governance. OpenAI has criticized Musk’s lawsuit, calling it a baseless attempt to harm the company’s reputation.
The trial, scheduled to start on April 27, 2026, will take place over four weeks. A pretrial conference is set for March 13, 2026, to address any outstanding issues. Jury selection will begin on the designated date, with the trial expected to conclude around May 22, 2026.
Judge Yvonne Gonzalez Rogers, who is overseeing the case, has already dismissed attempts by OpenAI to block the trial. In January 2026, the judge ruled that Musk had presented enough evidence to warrant a jury trial. Musk’s claims are based on circumstantial evidence, which the judge deemed sufficient to proceed.
Tensions Between Musk and OpenAI
The lawsuit stems from a growing rift between Musk and OpenAI’s leadership. Text messages from 2023 reveal tension between Musk and OpenAI CEO Sam Altman. Musk expressed frustration over OpenAI’s direction, stating, “The fate of civilization is at stake,” in response to Altman’s concerns about Musk’s public criticism of the company.
The upcoming trial is poised to address these longstanding tensions. The case will also examine the broader issue of whether AI companies can shift their focus from research to profit generation without violating their foundational agreements.


